Mergler v CSX Transp., Inc.
2009 NY Slip Op 02414 [60 AD3d 1463]
March 27, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


John P. Mergler, Respondent,
v
CSX Transportation, Inc., Appellant. (Appeal No. 2.)

—[*1] Anspach Meeks Ellenberger LLP, Buffalo (J. Christine Chiriboga of counsel), for defendant-appellant.

Doran & Murphy, LLP, Buffalo (Colleen M. Murphy of counsel), for plaintiff-respondent.

Appeal from a judgment of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered October 30, 2007 in a personal injury action. The judgment awarded plaintiff money damages upon a jury verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs (see generally Karagiannis v New York State Thruway Auth., 209 AD2d 995 [1994]). Present—Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.